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Insurance Guaranty Association Act Revisions.-AB

EngrossedHouse

Ref To Com On Rules and Operations of the Senate2025-05-01

105 Yea0 Nay2025-04-30

This bill updates North Carolina's Insurance Guaranty Association Act, which protects policyholders when insurance companies become insolvent. The changes expand protections for cybersecurity insurance claims, clarify how the Association handles claim settlements and appeals, and establish new rules for recovering payments from wealthy insureds.

  • Supporters argue these revisions modernize protections for policyholders by explicitly covering cybersecurity insurance, which is increasingly important as data breaches grow more common.
  • The bill also gives the Guaranty Association stronger tools to contest unfavorable settlements made by failing insurers before insolvency, potentially saving money that can be used to pay legitimate claims.
  • Additionally, allowing recovery from wealthy insureds (those worth over $50 million) ensures that large corporations don't unfairly benefit from the guaranty fund meant for ordinary policyholders.
  • Opponents may contend that stricter rules on settlements and the ability to reopen default judgments could create uncertainty and litigation costs for claimants who had already reached settlements.
  • Large businesses might argue that the $50 million net worth threshold for recovery unfairly targets them or complicates their insurance arrangements.
  • Some could also raise concerns that placing a $500,000 cap on cybersecurity claims might be insufficient for major data breaches affecting large companies.

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